Notice of Intended Prosecution

A Notice of Intended Prosecution (NIP) is a warning notification that the driver may be facing prosecution for an offence he or she may have committed. Receiving an NIP does not automatically mean that prosecution proceedings will commence, and there is a process that must be followed.

Receiving a Notice of Intended Prosecution

There are certain driving offences that will see the driver receiving a Notice of Intended Prosecution (NIP). Driving offences such as speeding, dangerous driving and failure to comply with traffic signals are all common offences that can be met with an NIP. A full list of driving offences can be found in Section 1 of the Road Traffic Act. If the police have stopped and cautioned a driver due to one of these driving offences then a warning NIP may be sent to the driver.

The Notice of Intended Prosecution 14 Day Rule

One of the main rules of an NIP is that it must be served to either the driver or the register keeper of the vehicle within 14 days of the alleged offence. The police do not have to prove that the NIP has reached the driver within this time; simply that it was sent in enough time to have reached the driver. An NIP can also be given verbally to the driver at the time of the alleged offence. A court summons is another alternative and this must still be received within 14 days of the alleged offence.

Change of Address and Notice of Intended Prosecution

It may be the case that the registered keeper of the vehicle has changed address. The police only need to ensure that the NIP is sent to the last known address of the offender for the NIP to be valid. In many cases the vehicle may be a leased car and the driver will not be aware of the offence; for instance caught speeding on camera. Again, if the NIP was sent to be delivered to the registered owner’s last known address the NIP will be valid.

Rejecting a Notice of Intended Prosecution

A driver can reject an NIP if they are the registered driver and the NIP was received outside of the 14 day time limit. The rejection can apply as long as the date on the NIP is more than 14 days after the alleged offence took place. The defendant can then take the NIP back to the issuing office and reject due to an expired time limit. The rejection will not apply however if the NIP was sent to the registered keeper within 14 days and then passed on to the alleged offender after this time.

Signing a Notice of Intended Prosecution

Once the Notice of Intended Prosecution has been received by the registered vehicle keeper the driver must be identified. This must be undertaken within 28 days and failure to do so is an offence. This could lead to six penalty points being applied to a licence and a fine of up to £1000. The NIP must be signed and failure to do so could also be an offence; the police can allege that the registered keeper failed to provide lawfully required information.

Exception to a Notice of Intended Prosecution

A few exceptions will apply whereby the police do not have to supply an NIP. These will include:

If at the time the defendant was knowingly involved in an accident

A provisional fixed penalty notice has been given or fixed

The police could not with due diligence ascertain the name and address of the defendant within the 14 day time limit

It may be the case that the NIP was received later than 14 days but this may still be valid under certain circumstances

The police do have six months in which to prosecute a road traffic offence. Even if the alleged offender did not receive the NIP from the registered keeper for many months after the offence the charge will still be valid. As long as the NIP was sent to the last known address of the registered keeper of the vehicle the NIP will still be valid. If a person has been issued with an NIP it will be in their best interests to seek legal representation depending on the nature of the offence.

I was clocked speeding 37. IN a 30area.I was driving in area unknown to me didn't see any signs thought was 40.I have to send this letter back state was me driving will I get a fine and points. Will this go to court.

Our Response:

37mph in a 30mph zone will not usually result in court summons. It's more likely that you will receive £100 plus 3 penalty points, or the opportunity to attend a speed awareness course. If there are no signs and the area has street lighting, always assume the speed limit is 30mph.

NoPenaltyPoints - 13-Mar-18 @ 11:13 AM

Hi. I have been sent a letter for driving through a red light 1 second after it changed. Who do I contact to receive video footage of the alleged offence?
Thanks

Han - 11-Mar-18 @ 1:02 PM

I was clocked speeding 37. IN a 30area.I was driving in area unknown to me didn't see any signs thought was 40.I have to send this letter back state was me driving will I get a fine and points. Will this go to court.

Jay - 10-Mar-18 @ 10:58 AM

Hi, I received a NIP on 4.01.18 caught speeding on NYD doing 99 in a 70. Had sent back the NIP stating it was me but have not received anything back from 2 months now. How long could I be waiting for and is there a time frame if they don’t send anything back I’m scot free?

Tom1279 - 7-Mar-18 @ 6:05 PM

I have received a letter from the police stating that i was allegedly seen driving while not wearing a seat belt (even though i was).The letter states that i have to give my name and address but that this is not a letter of inteneded prosecution.Does that mean that i will not be prosecuted ?

Scouse - 4-Mar-18 @ 11:52 AM

Help - Your Question:

Was stopped for speeding last year around Christmas time. I still haven't received a letter from PPS or psni or nip. How long does it take for them to send out letter. This is my first time with a run in with the law.

Our Response:

The police have up to 6 months in which to initiate further proceedings after stopping you.

NoPenaltyPoints - 28-Feb-18 @ 3:42 PM

Wh - Your Question:

Hi, My cousin received a NIP for not stopping at the red light by 1.6 seconds. She was supposed to send that back with her information within 28 days, which she did and has a proof from Royal Mail with the signatures from MET. She received another NIP ( of the same incident) with a deadline of 7 days and was received on the 6th day from date mentioned on the letter. If she posts it on the 7th day would it be fine? And secondly what could be the reason of receiving the same letter stating final reminder if the last one was sent and received before time?

Our Response:

Tell her to just send the form back with a note and a copy of the original posting proof attached.

NoPenaltyPoints - 28-Feb-18 @ 12:28 PM

Was stopped for speeding last year around Christmas time. I still haven't received a letter from PPS or psni or nip. How long does it take for them to send out letter. This is my first time with a run in with the law.

Help - 27-Feb-18 @ 11:18 PM

Hi,
My cousin received a NIP for not stopping at the red light by 1.6 seconds. She was supposed to send that back with her information within 28 days, which she did and has a proof from Royal Mail with the signatures from MET. She received another NIP ( of the same incident) with a deadline of 7 days and was received on the 6th day from date mentioned on the letter. If she posts it on the 7th day would it be fine? And secondly what could be the reason of receiving the same letter stating final reminder if the last one was sent and received before time?

Wh - 27-Feb-18 @ 12:59 AM

I was caught speeding on the 20/06/17 I had the nip through and filled it all out then got a fixed penalty through of which I filled out and returned and payed the fine. In September they sent my licence back stating I had to many points I would have to go to court.
Today I received a court summons for the offence, this is 8 months after the offence was committed. Can I still be prosecuted ?

Jason Devlin - 21-Feb-18 @ 4:40 PM

Mikey - Your Question:

Hi, I received a notice for intended prosecution on 15.02.2018 dated 14.02.2018 for alleged offence of Failing to stop, Failing to report an Accident, Careless or Inconsiderate Driving on 30.01.2018. I've read some questions and answers and there is the 14 day rule, so I am wondering if this apply. There are a few things that may reflect on it, I was recently bought the vehicle on 27.01.2018, and received the V5 C around the 10.02.2018.Also I learned later that my relative was driving the vehicle and has had an accident with my uninsured car. I didn't drove the car, because wasn't taxed and insured, and didn't give permission to anyone else to drive it. Anyway he had a key and decided to go around but scratched parked car.So I don't know what to do now. I know that is crime to say I was driving, and I am scared that he can go even and prisoned for driving uninsured vehicle and without my permission. I will preciate any help and advice. The best thing to do is to get a legal advice, but at the moment my financial circumstances are more than bad, so it will be very helpful and if someone have an idea for any free advisors. Thanks

Our Response:

You should just tell the truth. You will be asked why your vehicle was uninsured or taxed (not declared SORN etc) and why you didn't report the vehicel stolen.

NoPenaltyPoints - 20-Feb-18 @ 12:48 PM

Hi. I was told by someone who works at the courts that they were passed a file in my name with three alleged counts of speeding against me but sent to an address I haven’t lived at for about 4 years. I’ve had my license and log book changed a few times since that address. As I’ve not been made aware of any of these counts, what happens now?? I’m only aware of it because someone at the courts recognised my name but apparently on one of the offences my name has been put down incorrectly.

KT - 19-Feb-18 @ 9:05 PM

Hi. I was told by someone who works a thing the courts that they were passed a file in my name with here alleged counts of speeding against me but sent to an address I haven’t lived at for about 4 years. I’ve had my license and log book changed a few times since that address. As I’ve not been made aware of any of these counts, what happens now?? I’m only aware of it because someone at the courts recognised my name but apparently on one of the counts, my name has been put down incorrectly.

KT - 19-Feb-18 @ 8:17 PM

Hi, I received a notice for intended prosecution on 15.02.2018 dated 14.02.2018 for alleged offence of Failing to stop, Failing to report an Accident, Careless or Inconsiderate Driving on 30.01.2018. I've read some questions and answers and there is the 14 day rule, so I am wondering if this apply. There are a few things that may reflect on it, I was recently bought the vehicle on 27.01.2018, and received the V5 C around the 10.02.2018.Also I learned later that my relative was driving the vehicle and has had an accident with my uninsured car. I didn't drove the car, because wasn't taxed and insured, and didn't give permission to anyone else to drive it. Anyway he had a key and decided to go around but scratched parked car.So I don't know what to do now. I know that is crime to say I was driving, and I am scared that he can go even and prisoned for driving uninsured vehicle and without my permission. I will preciate any help and advice. The best thing to do is to get a legal advice, but at the moment my financial circumstances are more than bad, so it will be very helpful and if someone have an idea for any free advisors. Thanks

Mikey - 16-Feb-18 @ 12:59 AM

HS - Your Question:

Hi There,I received a letter through the post of intended prosecution in July last year (2017), I filled in the form and posted it back declaring that I was the driver. I haven't heard anything since! Why do you think this is? Should I chase it up? Or does this fall under the 6 month rule, in which as I haven't heard anything since then they can no longer prosecute?Thanks,

Our Response:

If the police have not taken further action, such as logding papers with the court etc, within 6 months you can usually assume no further action. However, they may have lodged the papers with court but have not issued a summons yet (they can do this any time as long as they have lodged papers within 6 months). The simplest way to find out would be contact the police or the courts.

NoPenaltyPoints - 13-Feb-18 @ 12:52 PM

Cher- Your Question:

Do the police have to send me photographs of me speeding when they send me a nip.I asked for photos and was told I can't have them unless I intend it to go to court but have been told that's false information. If they no longer have photos can I ask it to go to court?

Our Response:

The police will only provide photographic evidence if you're not sure who was driving the vehicle and feel that a photograph might help you with the indentification. They are not obliged to do this however. If the case goes to court they will provide evidence.

NoPenaltyPoints - 12-Feb-18 @ 3:25 PM

JO - Your Question:

I have just received a Notice of Intended Prosecution for the Dartford Tunnel for going through one set of lights the picture shows my car half way over the line at 1.19 seconds the issue I have is 1, it was amber when I went through and 2 there are a second set of lights around 50-100 yards past this set and I stopped, Now in my head I may well have been looking at the second set which were so close. Any advice would be welcomed as the light system is bazaar.

Our Response:

If you think the traffic light set up is incorrect or confusing you should write to the relevant council's highways department to ask about this. If you want to try and appeal, you would have to be prepared to attend court. We can't advise on whether you would have any success with this but feel it unlikely. Seek professional legal advice.

NoPenaltyPoints - 12-Feb-18 @ 10:26 AM

Hi There,
I received a letter through the post of intended prosecution in July last year (2017), I filled in the form and posted it back declaring that I was the driver. I haven't heard anything since! Why do you think this is? Should I chase it up? Or does this fall under the 6 month rule, in which as I haven't heard anything since then they can no longer prosecute?
Thanks,

HS - 10-Feb-18 @ 7:49 PM

Do the police have to send me photographs of me speeding when they send me a nip.
I asked for photos and was told I can't have them unless I intend it to go to court but have been told that's false information.
If they no longer have photos can I ask it to go to court?

Cher - 10-Feb-18 @ 2:25 PM

I have just received a Notice of Intended Prosecution for the Dartford Tunnel for going through one set of lights the picture shows my car half way over the line at 1.19 seconds the issue I have is 1, it was amber when I went through and 2 there are a second set of lights around 50-100 yards past this set and I stopped, Now in my head I may well have been looking at the second set which were so close. Any advice would be welcomed as the light system is bazaar.

JO - 9-Feb-18 @ 2:57 PM

Ginger ninja- Your Question:

I got pulled over in Aug 17 and only received the paper work yesterday 4/2/18 is this invalid or is it still valid for then to charge me

Our Response:

No if you are stopped at the time of the offence, the 14 rule does not apply. The police have up to 6 months after stopping you in which to initiate further action.

NoPenaltyPoints - 6-Feb-18 @ 2:31 PM

I got pulled over in Aug 17 and only received the paper work yesterday 4/2/18 is this invalid or is it still valid for then to charge me

Ginger ninja - 5-Feb-18 @ 9:03 PM

Chillaf - Your Question:

What if I have received two of these notices (two separate incidents literally within two days) but my speed in both their zones was under the threshold to be eligible to take the course, would I still be eligible to take the course?

Our Response:

If you're caught speeding twice you could only be offered a course for one of the offences. Note also that speed awareness courses are only offered at the discretion of the police.

NoPenaltyPoints - 5-Feb-18 @ 11:27 AM

Hi,
i received a Notice of Intended Prosecution today (1.02.2018) for an offence dated 19.11.2017 - this is considerably later than the 14 day period - do I have valid ground for it to be invalid. i have not changed car and it was my own personal vehicle.
Thanks,
Ryan

Wilko - 3-Feb-18 @ 3:58 PM

What if I have received two of these notices (two separate incidents literally within two days) but my speed in both their zones was under the threshold to be eligible to take the course, would I still be eligible to take the course?

Chillaf - 2-Feb-18 @ 2:03 PM

El - Your Question:

I have apparently been caught on camera at A105 Green lanes be Queens DR N/B N4 (North London Islington) doing 30mph in this new 20mph zone. Where do I stand with this if the Highway Code states main roads are 30mph but the local council have introduced speed cameras for 20mph? I had no idea I was going over the speed limit until received NIP in post?

Our Response:

Are there no 20mph sign in place? If not, you can contest it (we suspect there are signs though...)

NoPenaltyPoints - 31-Jan-18 @ 11:30 AM

I have received an intention to prosecute letter regarding a red traffic light. I did not fully go through the red light, I was distracted but managed to stop before fully passing, there were no cars behind me so I reversed back until the lights changed again. Where do I stand legally? Can I prove my story with the help of the speeding camera? Thank you

Fb - 30-Jan-18 @ 2:09 PM

I have apparently been caught on camera at A105 Green lanes be Queens DR N/B N4 (North London Islington) doing 30mph in this new 20mph zone. Where do I stand with this if the Highway Code states main roads are 30mph but the local council have introduced speed cameras for 20mph? I had no idea I was going over the speed limit until received NIP in post?

El - 29-Jan-18 @ 11:26 PM

Hi, i was pulled over the other day by police. I was driving fast but im not sure by how much. The police car followed me for a few minutes very closely and i did go onto the outside lane to let him pass on the inner(it was a undercover cop so i didnt realise it was police). When i was stopped the police didnt mention to me why i was stopped. They took my name and address to check whether i was insured. He wrote it down on his phone and sent it to probably control room to find out. He asked me why i was driving like that to which i replied i dont know. He didnt caution me not did he give me any paperworks. Does this suggest i am free of any fines as its really bugging me. Thanks

Jarly - 29-Jan-18 @ 1:00 PM

arpad - Your Question:

Hi l wanna aska l have my licence 1 year what happen if I get notice from speed camera its was there 40mphzone I was drive 48mph I didnt see the speed camera l was drive to job I was late. I was send back the notice with email. what happen next I dont wanna lost my driver licence

Our Response:

It's likely that you will receive a fixed penalty of £100 plus 3 penalty points if you don't already have any other motoring convictions. Failure to see the speed camera and being late for a job would not be considered valid reasons to appeal.